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Exercises · Q4

Q.Imagine rewriting federalism provisions. Essay (300 words) on: division of powers, financial resources distribution, inter-State dispute resolution, appointment of Governors.

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Building in the States' consent for every change is not strictly necessary given India's size and diversity, but the current one-sided arrangement in all four areas has repeatedly caused real Centre-State friction, so genuine consultation — even short of a State veto — would make Indian federalism more cooperative.

  1. Division of powers: at present Parliament can alter a State's very existence — it can "form a new State by separation of territory from any State or by uniting two or more States," and can alter any State's boundary or name — with the only safeguard being that the concerned State legislature's view is sought, which is not binding. Requiring genuine consultation (though not necessarily a State veto) before such changes would reduce the sense, seen in demands for autonomy from States like Tamil Nadu, Punjab and West Bengal, that the Centre can redraw the federation unilaterally.
  2. Financial resources: the chapter shows that revenue-generating subjects are concentrated with the Centre, and States depend heavily on central grants and assistance, historically channelled through the Planning Commission; this distribution is described as "lopsided" and has led to charges of discrimination against opposition-ruled States. A transparent, rule-based, consultative method for sharing financial resources (rather than centre discretion) would reduce this recurring grievance.
  3. Inter-State disputes: legal disputes are meant to be resolved by an independent judiciary, but as the chapter's own Cauvery (Tamil Nadu-Karnataka), Narmada (Gujarat-Madhya Pradesh-Maharashtra), Belgaum (Maharashtra-Karnataka) and Chandigarh (Punjab-Haryana) examples show, these disputes are political as much as legal and can remain unresolved for decades even after tribunal or court rulings — a formal, mutually agreed dispute-resolution mechanism (beyond only the judiciary) could help. …

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